BEFORE THE PROFESSIONAL STANDARDS COMMISSION OF THE ST ATE OF IDAHO

LISA COLON DURHAM, ) CHIEF CERTIFICATION OFFICER, )

) FINDINGS OF FACT, Complainant, ) CONCLUSIONS OF LAW AND

) FINAL ORDER vs. )

) RACHELLE GRAEFE, )

) Respondent )

- -------- ------ -- )

I. On December 3, 2019, this matter came before a hearing panel of the Professional

Standards Commission of the State of Idaho (--Hearing Panel") for an administrative hearing. The

hearing was conducted to consider the denial of the Application for Renewal of Idaho Educator

Certification for Rachelle Graefe ("Respondent" ) by Lisa Colon Durham, Chief Certification

Officer for the State of Idaho Department of Education ('"Complainant").

2. Based upon the findings of fact and conclusions oflaw set forth herein, this Hearing

Panel enters its Final Order affinning Complainant ' s denial of Respondent ' s application for

renewal of her Idaho Educator Certification.

PROCEDURAL HISTORY

3. On September 4,2019, Complainant denied Respondent's Application for Renewal

of Idaho Educator Certification. See Exhibit 3.

4. On September 9. 2019, Respondent appealed the denial and requested a hearing.

5. On December 3, 2019, an administrative hearing in this matter was conducted

before the Heming Panel. The hearing was held in the Barbara Morgan Conference Room, Len B.

Jordan Building, 650 West State Street, Boise, Idaho . During the hearing, Deputy Attorney

General B1ian Church represented the Complainant. Respondent represented herself. Diana

RACHELLE GRAEFE - FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL ORDER -1-

Zigars served as Chair for the Hearing Panel. Cyndi Wade and Jenna Colson served as the other

members of the Hearing Panel. Karen Sheehan, Deputy Attorney General , served as legal counsel

for the Hearing Panel.

6. During the hearing, the parties offered documentary evidence in the fonn of

Complainant"s Exhibits I through 5 and Respondent"s Exhibits A through C. The Hearing Panel

admitted all offered exhibits. The Hearing Panel also received verbal testimony from the following

witnesses:

• Lisa Colon Durham, Chief Certification Officer for the State of Idaho; and

• Rachelle Graefe, Respondent.

FINDINGS OF FACT

7. On September 3, 2019, Respondent completed and submitted online Idaho·s

Application for Renewal of Idaho Educator Certification (""Application"').

8. Ms. Durham testified the Application was denied for several reasons. The primary

reason for the denial was Respondent's failure to disclose on her Application that she had

disciplinary action taken against her professional license/ce11ificate. This infonnation was

required by question 2 of Item #5 titled --Licensing History" of the Application . The question

asked :

Have you ei•er had disciplinary action taken against a professional licenselcert(ficate? Disciplina,y action on a licenselcert(ficate includes revocation, suspension, probation, letters of reprimand. or conditions imposed by a professional licensing authority.

Respondent answered ··no.. even though a letter of reprimand was issued on May 22. 2015. See

Letter of Reprimand dated May 22, 2015 and corresponding Stipulation and Consent Order dated

May 19.2015 (Exhibit 4) ( ..Stipulation··).

RACHELLE GRAEFE - FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL ORDER -2-

9. Ms. Durham testified the Application was also denied because the Stipulation

required Respondent to complete an approved three (3) credit ethics course within six (6) months

of the effective date of the stipulation. The Idaho State Depai1ment of Education ("Department")

had not received proof of completion of that course. See Exhibits 1- 5.

I 0. Ms. Durham testified the secondary reason for the denial was Respondent's failure

to complete the six (6) professional development credits required for renewal. The failure to

complete these credits meant Respondent was ineligible to renew her application as she had not

met the renewal requirements . See Exhibits I- 5.

11. During the heaiing, Respondent testified that she had forgotten about the letter of

reprimand and that she has paid a huge price for missing the Department ' s deadlines. Respondent

is currently enrolled in an ethics course that will be completed in December. She is also in the

process of completing the required professional development credits. ' See Exhibits A - C.

CONCLUSIONS OF LAW

12. This Hearing Panel has authority under Idaho Code § 33-1208 and § 33-1209 to

hear this contested case initiated by Complainant against Respondent.

13. The Hearing Panel has authority under Idaho Code § 33-1208 and § 33-1209 to

affinn Complainant ' s denial of an application .

14. In accordance with Idaho Code § 33-1209(9), the Hearing Panel affinns the denial

by Complainant of Respondent ' s Application as follows:

a. For Respondent ' s failure to provide the correct answers on the Application

regarding her disciplinary/licensing history;

1 There was testimony during the hearing that these credits will not be applied to a future renewal application as the credits have to be completed prior to the request for renewal.

RACHELLE GRAEFE - FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL ORDER -3-

Diana Zigars

b. For Respondent's failure to comply with the Stipulation and timely complete

the required ethics course; and

.. For Resoondent's failure to complete the six (6) professional development

credits required for renewal.

15. Respondent will be eligible for reinstatement of her Idaho Educator Certification if she

completes the ethics course required by the Stipulation and submits proof to

C:omplainant no later than March I, 2020.

FINAL ORDER

1f IS THE FINAL ORDER of this Hearing Panel, based upon the findings of facts and

conclusions of law set forth herein, that Complainant's denial of Respondent's Applicat10n 1s

affirmed. Respondent will be eligible for reinstatement of her Idaho Educator Certification if she

completes the ethics course required by the Stipulation and submits proof to Complainant no later

,;,.an March I, 2020 .

.)ated on this21:, day of December, 20 I 9.

Hearing Panel Chair

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NOTIFICATION OF PROCEDURAL RIGHTS

THIS IS A FINAL ORDER OF THE HEARING PANEL. Any party may file a Petition for Reconsideration of this Final Order within fourteen (14) days of its service date. The Hearing Panel is required by law to dispose of a Petition for Reconsideration within twenty-one (21) days of its filing or the Petition for Reconsideration will be considered to be denied by operation oflaw. See Idaho Code§ 67-5243(3).

Petitions for Reconsideration of this Final Order may be filed by mail addressed to the Professional Standards Commission, Department of Education, Statehouse, Boise, ID 83 720-0027, or may be delivered to the Department of Education, Len B. Jordan Building, Room 200, 650 West State Street, Boise, Idaho, and must be received within fourteen (14) days of the service date of this Final Order.

Pursuant to Idaho Code §§ 33-1209(8), 67-5270, and 67-5272, any party aggrieved by this Final Order or by another Order previously entered in this Contested Case may obtain Judicial Review of this Final Order and of all previously issued Orders in this Contested Case by filing a Petition for Judicial Review in the District Court as provided by those sections.

A Petition for Judicial Review must be filed within twenty-eight (28) days of the service date of this Final Order, or, if a Petition for Reconsideration is timely filed , within twenty-eight (28) days of the service date of a decision on the Petition for Reconsideration or denial of the Petition for Reconsideration by operation of law. See Idaho Code§§ 67-5246 and 67-5283 .

RACHELLE GRAEFE - FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL ORDER -5-

CERTJFICATE OF SERVICE

I HEREBY CERTIFY that on thisn~~fDccember, 2019, I caused to be served a true and correct copy of the preceding as follows:

Brian Church, Deputy Attorney General Office of the Attorney General Statehouse Boise, ID 83720-0010

0 U.S. Mail D Hand Delivery D Certified Mail, Retum Receipt Requested t8J E-mail:

0 U.S. Mail 0 Hand Delivery 0 Certified Mail, Return Receipt Requested t8J E-mail: bri,111.ch urch(a ·ag. idaho.1.wv

Karen Sheehan Deputy Attorney General Hearing Panel Legal Counsel

RACHELLE GRAEFE - FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL ORDER -~